Re: Surprise Lake West, LLC Trustee No. 20104.002.02/JBH AMENDED NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. Grantor(s): Hillis Clark Martin & Peterson P.S., Successor Trustee East West Bank, successor in interest to Bingo Investments, Inc. Grantee(s): Surprise Lake West, L.L.C. Queens Way, L.L.C. North Meridian Center, L.L.C. North Meridian Place, L.L.C. Legal Description (abbreviated)*: LOT B SHORT PLAT NO. 9804165003; SE SE 04 20 04E; 4 20N 4E NE SE; NW NW 10-20-04E ( Complete legal on EXHIBIT A Assessor's Parcel No(s)*: 0420048015;0420044035; 0420041179; 0420102102; 0420102008 Reference No. of Related Documents: 200601270326 *The Assessor's Parcel Number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. I. NOTICE IS HEREBY GIVEN that the undersigned successor trustee will, on April 26, 2013, at the hour of 11:00 a.m., at the Second Floor Entry Plaza outside of the Pierce County Courthouse, located at 930 Tacoma Avenue South, Tacoma, Washington, sell at public auction to the highest and best bidder, payable at time of sale, the property, situated in the County of Pierce, State of Washington legally described on Exhibit A attached hereto (the "Property"). The Property is subject to a Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing from SURPRISE LAKE WEST, L.L.C., QUEENS WAY, L.L.C., NORTH MERIDIAN CENTER, L.L.C., and NORTH MERIDIAN PLACE, L.L.C., as grantors, (collectively, "Borrower"), to Titan Trustee Services, Inc., as trustee, to secure an obligation in favor of BINGO INVESTMENTS, INC., a Washington limited liability company, as beneficiary, ("Bingo"), dated January 26, 2006, and recorded on January 27, 2006 in the official records of Pierce County, Washington, under Recording No. 200601270326 (the "Deed of Trust"), as further perfected by financing statements filed in the official records of Pierce County under Recording Nos. 200601270327, 200601270328, 200601270329, and 200601270330. Subsequent to the making of the loan secured by the Deed of Trust, the interests of Bingo Investments, Inc., were assigned to Washington First International Bank ("WFIB") as security for a loan from WFIB to Bingo, pursuant to an Assignment of Promissory Note and Deed of Trust dated January 26, 2006, and recorded with the Auditor of Pierce County, Washington, on January 27, 2006, under Auditor's Recording No. 200601270332. WFIB realized on its security interest in the Deed of Trust and related loan documents as the successful bidder at a public UCC sale of Bingo's interest in the loan documents on June 4, 2010, as set forth in the Transfer Statement, recorded on June 8, 2010, in the official records of Pierce County under Recording No. 201006080131. WFIB's interest as beneficiary under the Deed of Trust was subsequently assigned to East West Bank by the Federal Deposit Insurance Corporation, as receiver for WFIB, pursuant to an Assignment of Deed of Trust dated November 4, 2010, and recorded with the Pierce County Auditor on November 18, 2010, under Auditor Recording No. 201011180243. East West Bank is now the current "Beneficiary" under such Deed of Trust and the holder of the note secured by the Deed of Trust (the "Note"). Hillis Clark Martin & Peterson P.S., is now "Successor Trustee" by reason of an Appointment of Successor Trustee recorded in the records of Pierce County, Washington, on May 24, 2012 under Recording No. 201205240591. II. No action commenced by the Beneficiary of the Deed of Trust and the secured party under the Security Agreement, or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the Deed of Trust. III. The default for which this foreclosure is made is for failure to pay the principal balance that became due under the Note on January 25, 2007 (the "Maturity Date"). The following is an itemized summary of the amounts that are now in arrears: Principal balance due on January 25, 2007, the "Maturity Date":^$8,400,000.00 Interest accruing from January 26, 2007 to June 30, 2010:^$8,538,600.00 Accrued attorneys' fees and costs in connection with defaults, related bankruptcies, and prior foreclosure:^$94,320.46 Interest accruing from June 30, 2010 to January 18, 2013 at the rate of 36% per annum, the Default Rate (as defined in the Note) applicable under the Note:^$7,837,200.00 TOTAL AMOUNTS IN ARREARS:^$24,870,120.46 IV. The sum owing on the obligation secured by the Deed of Trust and Security Agreement is: Principal balance, $8,400,000.00, together with interest as provided in the note or other instrument secured from January 26, 2007, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust and Security Agreement as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on April 26, 2013. The defaults referred to in paragraph III must be cured by April 15, 2013 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before April 15, 2013 (11 days before the sale date) the default as set forth in paragraph III is cured and the Successor Trustee's fees and costs are paid. The sale may be terminated any time after April 15, 2013 (11 days before the sale) and before the sale by the Borrower, Grantor, any Guarantor (defined below), or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. VI. A written notice of default was transmitted by the Beneficiary or Successor Trustee to the Borrower, Grantor, and Guarantors at the following address(es): Surprise Lake West, L.L.C. ATTN: Robert J. Knutsen, a Registered Agent 528 East Meridian Avenue Milton, WA 98354 Queens Way, L.L.C. ATTN: Robert J. Knutsen, Registered Agent 528 East Meridian Avenue Milton, WA 98354 Surprise Lake West, L.L.C. ATTN: Robert J. Knutsen, Registered Agent PO Box 1689 Milton, WA 98354 Queens Way, L.L.C. ATTN: Robert J. Knutsen, Registered Agent PO Box 1689 Milton, WA 98354 North Meridian Center, L.L.C. ATTN: Robert J. Knutsen, Registered Agent 528 East Meridian Avenue Milton, WA 98354 North Meridian Place, L.L.C. ATTN: Robert J. Knutsen, Registered Agent 528 East Meridian Avenue Milton, WA 98354 North Meridian Center, L.L.C. ATTN: Robert J. Knutsen, Registered Agent PO Box 1689 Milton, WA 98354 North Meridian Place, L.L.C. ATTN: Robert J. Knutsen, Registered Agent PO Box 1689 Milton, WA 98354 Robert Knutsen 528 East Meridian Avenue Milton, WA 98354 Robert Knutsen PO Box 1689 Milton, WA 98354 Jane Doe Knutsen Unknown Spouse of Robert Knutsen 528 East Meridian Avenue Milton, WA 98354 Jane Doe Knutsen Unknown Spouse of Robert Knutsen PO Box 1689 Milton, WA 98354 Jane Doe McCourt Unknown Spouse of Patrick L. McCourt 10515 20th Street SE, Suite 100 Everett, WA 98205 Patrick L. McCourt 10515 20th Street SE, Suite 100 Everett, WA 98205 by both first class and certified mail on April 12, 2012, proof of which is in the possession of the Successor Trustee; and the Borrower and Grantor were personally served on April 14, 2012, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above, and the Successor Trustee has possession of proof of such service or posting. VII. The Successor Trustee whose name and address are set forth below will provid
e in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. VIII. The effect of the sale will be to deprive the Borrower, Grantor and all those who hold by, through or under the Borrower or Grantor of all their interest in the Property. IX. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the trustee's sale. X. SPECIAL NOTICE TO GUARANTORS If any of the parties receiving this notice are guarantors of the obligations referenced above, each such guarantor (individually and collectively, "Guarantor") is hereby notified that: (1) Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the Deed of Trust; (2) Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid any trustee's sale; (3) Guarantor will have no right to redeem the Property after the trustee's sale; (4) subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the obligations referenced above; and (5) in any action for a deficiency, Guarantor will have the right to establish the fair value of the Property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs. XI. NOTICE TO OCCUPANTS OR TENANTS The purchaser at the trustee's sale is entitled to possession of the Property on the 20th day following the sale, as against the grantor under the Deed of Trust (the owner) and anyone having an interest junior to the Deed of Trust, including occupants who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060 and the Helping Families Save Their Homes Act of 2009. XII. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sale status may be accessed at http:/ /ts.hcmp.com. DATED this 24th day of January, 2013. HILLIS CLARK MARTIN & PETERSON P.S. By Julie B. Hamilton Successor Trustee 1221 Second Avenue, Suite 500 Seattle, Washington 981012925 (206) 623-1745 STATE OF WASHINGTON COUNTY OF KING)ss. I certify that I know or have satisfactory evidence that JULIE B. HAMILTON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the representative of HILLIS CLARK MARTIN & PETERSON P.S., a Washington professional services corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 24th day of January, 2013. Printed Name: Diane L. Manson NOTARY PUBLIC in and for the State of Washington, residing at Federal Way, WA. My Commission Expires 03/09/ 2013. EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY PARCEL A: LOT B, OF CITY OF MILTON SHORT PLAT, ACCORDING TO SHORT PLAT RECORDED APRIL 16, 1998 UNDER RECORDING NO. 9804165003, RECORDS OF PIERCE COUNTY AUDITOR. EXCEPT THAT PORTION CONVEYED TO THE CITY OF MILTON UNDER SUPERIOR COURT CAUSE NO. 09-216527-6, AND RECORDED UNDER RECORDING NO. 20100190253. SITUATE IN THE CITY OF MILTON, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL B: BEGINNING AT A POINT ON THE SECTION LINE 648.96 FEET NORTH 0 degrees 15' WEST FROM THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERDIAN; THENCE NORTH 89 degrees 57'56" WEST 250.00 FEET; THENCE NORTH 0 degrees 15' WEST 93.79 FEET; THENCE SOUTH 89 degrees 57'56" EAST 250.00 FEET; THENCE SOUTH 0 degrees 15' EAST 93.79 FEET TO THE PLACE OF BEGINNING. EXCEPT THE EAST 30 FEET FOR ROAD. (EXCEPT THE PORTION THEREOF DEEDED TO THE CITY OF MILTON BY WARRANTY DEED RECORDED SEPTEMBER 02, 2008 UNDER RECORDING NO. 200809020770). SITUATE IN THE TOWN OF MILTON, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL C: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN; THENCE NORTH 00 degrees 19'35" WEST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 4, 860.00 FEET; THENCE NORTH 89 degrees 59'58" WEST, 50.00 FEET TO THE WEST MARGIN OF WASHINGTON STATE HIGHWAY SR-161 AS DESCRIBED IN INSTRUMENTS RECORDED UNDER RECORDING NOS. 8212220124 AND 8212230033, RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 00 degrees 19'35" WEST ALONG SAID MARGIN, 152.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST MARGIN NORTH 00 degrees 19'35" WEST 36.04 FEET; THENCE SOUTH 89 degrees 54'25" WEST, 180.00 FEET; THENCE NORTH 00 degrees 19'35" WEST, 193.00 FEET; THENCE NORTH 89 degrees 54'25" EAST, 180.00 FEET TO THE WEST MARGIN OF SAID WASHINGTON STATE HIGHWAY SR-161; THENCE NORTH 00 degrees 19'35" WEST ALONG SAID WEST MARGIN 30 FEET; THENCE SOUTH 89 degrees 54'25" WEST, 562.68 FEET TO THE EAST MARGIN OF 28TH AVENUE; THENCE SOUTH 00 degrees 03'43" EAST, ALONG SAID EAST MARGIN 410.11 FEET; THENCE SOUTH 89 degrees 59'58" EAST, 310.58 FEET; THENCE NORTH 00 degrees 19'35" WEST, 152.00 FEET; THENCE SOUTH 89 degrees 59'58" EAST, 254.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE CITY OF MILTON BY QUIT CLAIM DEEDS RECORDED UNDER RECORDING NOS. 9809040587, 9809040588 AND 9809040589. (BEING KNOWN AS REVISED PARCEL A OF BOUNDARY LINE REVISION RECORDED SEPTEMBER 4, 1998 UNDER RECORDING NO. 9809045005). (EXCEPT THE PORTION THEREOF DEEDED TO THE CITY OF MILTON BY QUIT CLAIM DEED RECORDED SEPTEMBER 29, 2008 UNDER RECORDING NO. 200809290505). SITUATE IN THE CITY OF MILTON, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL D: PARCEL A: BEGINNING AT A POINT IN THE SECTION LINE BETWEEN SECTION 9 AND 10, IN TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN EDGEWOOD, PIERCE COUNTY, WASHINGTON, 655.8 FEET SOUTH OF THE CORNER TO SECTION 3,4,9, AND 10 AND RUNNING THENCE EAST 1,499.25 FEET; THENCE SOUTH 327.9 FEET; THENCE WEST 1,499.25 FEET TO THE SECTION LINE; THENCE NORTH ALONG SAID SECTION LINE, 327.9 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION THEREOF QUIETED IN JOHN H. AANDAL AND MARY G. AANDAL, HUSBAND AND WIFE, AND ELMO R. NIX AND THEDA B. NIX, HUSBAND AND WIFE, BY JUDGMENT AND DECREE FILED OCTOBER 2, 1970 IN PIERCE COUNTY SUPERIOR COURT CAUSE NUMBER 196915. ALSO EXCEPT THE RIGHT OF WAY FOR PUYALLUP-EDGEWOOD COUNTY ROAD, RECORDS OF PIERCE COUNTY AUDITOR. EXCEPT THAT PORTION DEED TO THE STATE OF WASHINGTON UNDER RECORDING NO. 201011180438. SITUATE IN THE CITY OF EDGEWOOD, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL B: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, RECORDS OF PIERCE COUNTY AUDITOR. EXCEPT RIGHT OF WAY FOR PUYALLUP-EDGEWOOD COUNTY ROAD. EXCEPT THAT PORTION DEED TO THE STATE OF WASHINGTON UNDER RECORDING NO. 201011180438. SITUATE IN THE CITY OF EDGEWOOD, COUNTY OF PIERCE, STATE OF WASHINGTON. March 27, April 17